§ 447.52. Holding of State or local office by Postal Service employees.
525 words·~2 min read·
/us/cfr/t39/s§ 447.52·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)An employee may seek, accept, or hold a nonpartisan State or local office subject to the provisions of this Code and in particular this section. A "nonpartisan" office is one filled by a "nonpartisan election", which is an election at which none of the candidates are to be nominated or elected as representing a political party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected.
(b)An employee who wishes to seek, accept, or hold a nonpartisan State or local office is responsible for ascertaining:
(1)Whether the office is "nonpartisan" within the definition in § 447.62(a).
(2)Whether State or local law permits a Postal Service employee to seek, accept, or hold the particular office.
(3)Whether the duties of the office would result in a conflict with his Postal Service employment.
(4)Whether the discharge of the duties of the office would interfere with the performance by the particular employee of his Postal Service duties in an acceptable manner or would interfere with the performance by other Postal Service employees of their respective duties in an acceptable manner.
(c)An employee is encouraged to seek advice from his Associate Ethical Conduct Counselor prior to taking any action to seek, accept, or hold a State or local office. If, after the employee has entered upon the discharge of the duties of this non-postal office, his non-postal duties interfere with the proper discharge of postal duties, either by him or by other postal employees, the employee holding the non-postal office shall be advised by his superior to eliminate the interference, either by resignation from the non-postal office, or in such other manner as is appropriate under the circumstances. If the employee fails, refuses, or neglects to comply with the foregoing advice and the interference continues, he will be subject to disciplinary proceedings.
(d)Employees, other than postmasters or acting postmasters in a salary level of EAS-25 or higher, may be granted permission to campaign for a full-time State or local nonpartisan office while on annual leave or on authorized leave without pay during the campaign when:
(1)The criteria in paragraphs
(1)and
(2)of this section are met, and
(2)The Vice President, Area Operations, determines that the employee's postal responsibilities are being conducted in a satisfactory manner and that the absence of the employee during the campaign period will not disrupt the operation of the facility where he or she is employed. Note: Requests shall be submitted through the postmaster or other installation head to the Vice President, Area Operations. If the employee is elected to and takes such a full-time office, he or she may either be separated from the Postal Service or granted leave without pay.
(e)A postmaster or acting postmaster in salary level EAS-25 or higher shall not be authorized to take annual leave or leave without pay for the purpose of campaigning for a full-time State or local nonpartisan office. \[39 FR 1990, Jan. 16, 1974, as amended at 48 FR 48231, Oct. 18, 1983. Redesignated and amended at 60 FR 47245, Sept. 11, 1995\]